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(영문) 대전지방법원 2018.11.02 2017나110586
손해배상(기)
Text

1. The plaintiff's appeal and the conjunctive claim against the defendant B and C added by this court are all dismissed.

2...

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) Defendant D and E, from January 2016 to May 2016, provided the Plaintiff with legitimate expectations and trust to believe that the Plaintiff had engaged in the instant club business (hereinafter “instant club business”) in negotiating with the Plaintiff as to the club business of the 11th floor of the building in Busan City (hereinafter “instant dental”) in order to start on the 11th floor of the 2010,000 won from January 2016, the Plaintiff refused to enter into the instant club business contract. Accordingly, the Plaintiff sustained damages incurred from the Plaintiff’s disbursement of KRW 110,000,000,000,000, in total, and KRW 30,000,000,000,000 for the interior construction cost of the instant dental plant, and KRW 5,000,000,000 for the employees.

Defendant D and E’s above acts constitute illegal acts exceeding the bounds of the freedom of contract.

Defendant B continued to report to the Plaintiff the progress of Indiana Corporation through the Kakakao Stockholm message, and Defendant D confirmed to be engaged in the same.

Defendant B’s above behavior can be assessed as giving a legitimate expectation or trust to the Plaintiff that the Plaintiff had engaged in the business with Defendant D and E, and such act is an act of taking part in or aiding and abetting Defendant D and E’s tort.

Defendant B is the proposer of the instant East Business Agreement, and is a broker between the Plaintiff, Defendant D, and E, and is obligated to accurately deliver to the Plaintiff, dialogue, proposal, etc., which is recorded between the Plaintiff, Defendant D, and E. However, Defendant B did not accurately deliver to the Plaintiff, on May 10, 2016, Defendant B sent the Plaintiff a Kax message called “the confirmation to D” to continue the artificial insemination work of this case.

The above actions by Defendant B violate the duty of good faith as an arbitrator with respect to the instant operations, or commit deception by omission.

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